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U.S. EX REL. ROMANO v. NEW YORK-PRESBYTERIAN HOSP.

No. 00 Civ. 8792(LLS).

571 F.Supp.2d 473 (2008)

UNITED STATES ex rel. Denise ROMANO, Plaintiff, v. NEW YORK-PRESBYTERIAN HOSPITAL, Defendant.

United States District Court, S.D. New York.

July 16, 2008.

Attorney(s) appearing for the Case

Law Office Of Timothy J. McInnis (Timothy J. McInnis, of Counsel), Troutman Sanders LLP (Philip Michael, Christina H. Bost Seaton, Seanna Brown, of Counsel), New York City, for Plaintiff.

Michael J. Garcia, United States Attorney, Southern District of New York (Rebecca C. Martin, of Counsel), New York City, for United States of America.

Epstein Becker & Green, P.C. (Stuart M. Gerson, James S. Frank, of Counsel), New York City, for Defendant.

OPINION AND ORDER

LOUIS L. STANTON, District Judge.

On February 6, 2008, defendant New York-Presbyterian Hospital ("NYPH") moved for summary judgment on the ground that relator could not satisfy the "presentment" requirement of the False Claims Act ("FCA"). The Court denied that motion on April 2, 2008. On June 9, 2008, in Allison Engine Co., Inc. v. United States ex rel. Sanders, ___ U.S. ___, 128 S.Ct. 2123, 170 L.Ed.2d 1030 (2008), the United States...

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